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City Council

Regular Meeting

Middleburg Heights, OH · November 17, 2022

Agenda

Agenda

City of Middleburg Heights, Ohio Council Agenda November 22,2022 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting ofNovember 8,2022 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee- Mr. Bortolotto, Chairman 3. Legislation & Rules Committee- Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee- Mr. McGregor,Chairman 5. Public Improvements Committee- Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee-Mr. Meany, Chairman 7. Zoning & Building Code Committee- Mr. Grech, Chairman MAYOR^S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT City of Middleburg Heights, Ohio Council Agenda NOVEMBER 22, 2022 PAGE 2 UN-NUMBERED LEGISLATION INTRODUCED BY MR.BORTOLOTTO A Resolution accepting life insurance proposal from National Insurance Services, Inc. INTRODUCED BY MR.BORTOLOTTO A Resolution authorizing the mayor and finance director to enter into contracts for employee health coverage with Medical Mutual of Ohio for a period of one year. INTRODUCED BY MR.BORTOLOTTO Declaring the improvement to certain parcels of real property within the city to be a public purpose and exempt from taxation pursuant to ORC 5709.40(B); providing for the collection and deposit of service payments and specifying the purposes for which those service payments may be expended; specifying the public infrastructure improvements directly benefiting the parcels; and authorizing school compensation payments (Southland Redevelopment). INTRODUCED BY MAYOR CASTELLI An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2022. DELIVERED NOV t 1 2022 City of Middleburg Heights LIFE INSURANCE RES 2022.doc RESOLUTION NUMBER 2022- Introduced By: Mr. Bortolotto, Mr. Meany,and Mr. Grech A RESOLUTION ACCEPTING LIFE INSURANCE PROPOSAL FROM NATIONAL INSURANCE SERVICES,INC •9 WHEREAS, proposals were received by the Director of Finance of the City of Middleburg Heights, Ohio for the purchase of life insurance coverage for the City of Middleburg Heights’ employees for the period beginning January 1, 2018 to December 31, 2018, and; WHEREAS, the proposal of Madison National Life Insurance Company, as carrier for the furnishing of life insurance coverage was considered best, and; WHEREAS, Madison National Life Insurance Company has agreed to extend the contract for the furnishing of life insurance coverage for the two year period commencing January 1, 2023 at no increase in premium; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO; Section 1. That the Mayor and Finance Director are authorized to enter into a contract renewal with National Insurance Services, Inc. as agent with Madison National Life Insurance Company, as carrier for the furnishing of life insurance coverage for a two year period begirming January 1, 2023. Section 2. It is found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST APPROVED ON PRESENTED TO MAYOR MAYOR ROLL CALL YEAS NAYS BORTOLOTTO ALI SAGE MEANY MCGREGOR FERENCE GRECH A NiS rr m Nailonailnsurance Services Client Focused,Solution Driveti. October 2022 Jason Stewart Director of Finance City of Middleburg Heights 15700 East Bagley Road Middleburg Heights, OH 44130-4896 RE: Insurance Renewal for City of Middleburg Heights , Group # 030490 Life, Madison National Life Insurance Company, Inc. Carrier Policy # 4386, NIS Policy # 15247 Dear Mr. Stewart: The Life Insurance renews January 1,2023. 1 am pleased to inform you that Madison National Life Insurance Company, Inc. has determined that a rate adjustment is not needed. Your renewal rates are as follows: Life and AD&D Class Title Current Rate Per $1,000 of Coverage Renewal Rate Per $1,000 of Coverage Impact All Classes $0.189/$0.027 $0.189/$0.027 Pass/Pass These rates are guaranteed for 2 Years until January 1, 2025, assuming no changes to the current benefit structure. We believe our level of commitment to you is most evident in our ongoing efforts to secure both competitive pricing and extended rate guarantees. We truly appreciate your business and the opportunity to continue negotiating on your behalf. Thank you for your continued business. Please do not hesitate to call me if you have any questions. Sincerely, Landon Mowry Account Representative, Insured Products Renewal eForm# 12630 Insurance Renewal for City of Middleburg Heights , Group # 030490 Life, Madison National Life Insurance Company, Inc. Carrier Policy #4386, NIS Policy# 15247 Corporate Headquarters:250 South Executive Drive, Suite 300, Brookfield, Wl 53005-4273 |Offices Nationwide:800,627.3660 |www.NlSBenefits.com ^^UVERED NOV ? 7 ?022 City of Middleburg Heights RESOLUTION NUMBER 2022- Introduced By: Mr. Bortolotto, Mr. Meany and Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO CONTRACTS FOR EMPLOYEE HEALTH COVERAGE WITH MEDICAL MUTUAL OF OHIO FOR A PERIOD OF ONE YEAR WHEREAS, proposals were received by the City for the furnishing of administrative services and stop-loss insurance coverage for the City of Middleburg Heights’ employee health coverage for the period beginning January 1, 2023 to December 31, 2023, and; WHEREAS, The Fedeli Group, the City’s health insurance broker, has recommended accepting the proposal of Medical Mutual of Ohio, as carrier for the furnishing of administrative services and stop-loss insurance coverage for the City of Middleburg Heights’ employee health coverage, a copy of said recommendation is attached hereto and marked “Exhibit A” and; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO; Section 1. That the Mayor and Finance Director are authorized to enter into contract renewals with Medical Mutual of Ohio for a one year period beginning January 1,2023. Section 2. It is found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST APPROVED ON PRESENTED TO MAYOR MAYOR ROLL CALL YEAS NAYS BORTOLOTTO ALI SAGE MEANY MCGREGOR FERENCE GRECH 2023 Employee Benefits Medical/Prescription Review - City of Middleburg Heights Prepared by: The Fedeli Group Submitted: November 4, 2022 Overview of Request for Proposals The Fedeli Group received the January 1, 2023 medical and prescription renewal for the self-funded plan. In anticipation of the renewal, our firm prepared a comprehensive Request for Proposals (RFP) seeking competitive options from stop-loss insurers. The purpose of this report is to summarize the renewal and offer a recommendation. Medical Mutual’s initial renewal included a 2.5% increase for administration. This increase is consistent with other Medical Mutual renewals. The initial stop-loss increase was 16.3%. The total fixed cost increase was 13.8%. The overall increase, at the maximum claims level, with fixed costs is an adjustment of6.8%. Fedeli was able to negotiate a better renewal with Medical Mutual for stop loss using competitive proposals from Berkley, Berkshire Hathaway, and Sun Life Financial. While all three insurers proposed savings, the offers are not firm. In addition, using a third party stop loss vendor carries certain disadvantages: • $5 PEPM outside stop loss administration fee charged by Medical Mutual • No immediate claim takeover -the City would fund full claim and submit for reimbursement • Manual pharmacy, stop loss claim reconciliation The Fedeli Group used the competitive proposals to arrive at a more appropriate stop loss offer from Medical Mutual. MMO has agreed to revise the renewal adjustment from 16.3% to 9%. With the revision, the total fixed costs will increase 7.7% compared to 13.8%. The total plan adjustment with fixed costs and maximum claims is an increase of 5.4%. The recommended increase is much lower than regional norms. Recommendation The Fedeli Group recommends the City of Middleburg Heights renew with Medical Mutual for administration and stop loss, dental administration, and vision administration. MMO- 2022 MMO Renewal Adjustment (revised) 2023 Administration $139,757 $143,257 2.5% Stop Loss + Aggregate $696,504 $757,464 8.7% Maximum Claims $3,639,452 $3,826,978 5.1% Total $4,389,942 $4,624,063 5.1% Dental(Admin -t Claims) $142,572 $156,492 9.76% Vision(Admin Only) $2,007 $2,073 3% 1 Prepared for: WELCOME TO THE CITY OF i V HEIGHXS -OHIO- Presented by: Mike McGrath, Senior Vice President Jayne Czech, Client Manager IIU' FEPEU GilDUr Table of Contents City of Middleburgh Heights Effective Date: 1/01/2023 Page Medical Insurance Medical - Current & Renewal 2-3 Dental Insurance Dental - Current & Renewal 4 Vision Insurance Vision - Current & Renewal 5 Compensation Disclosure 6 This is a summary of information and does not guarantee benefits. In the event a discrepancy exists, the policy provisions or carrier proposal will prevail. Page 2 FEDEL! GROUP Medical & Pharmacy Current Renewal Revised Renewal City of Middleburgh Heights MMO MMO MMO MMO MMO _ ^ MMO Effective Date: 1/01/2023 $350 Southwest Plan $1000 Southwest Plan $350 Southwest Plan $1000 Southwest Plan $350 Southwest Plan $1000 Southwest Plan Current Renewal Revised Ren Carrier Medical Mutual Medical Mutual Medical Mutual Coverage Included Medical & Rx Medical & Rx Medical & Rx Contract Basis Incurred in 18 / Paid in 12 18/12 18/12 Administration Medical Claim Administrator Medical Mutual of Ohio Medical Mutual of Ohio Medical Mutual of Ohio Prescription Drug Administrator Express Scripts Express Scripts Express Scripts Network Medical Mutual Services Direct SuperMed Medical Mutual Services Direct SuperMed Medical Mutual Services Direct SuperMed Specific Contract Deductible Level $75,000 $75,000 $75,000 Terminal Liability No No No Aggregate Contract Maximum Aggregate Benefit $1,000,000 $1,000,000 $1,000,000 Aggregate Corridor 125% 125% 125% Terminal Liability None None None Underwriting Laser Liability / No New Laser Provision None None None Renewal Rate Cap N/A N/A N/A Administration COST DEVELOPMENT COST DEVELOPMENT COST DEVELOPMENT PERM Composite. 56 $86.27 79 $86.27 56 $88.43' 79 $88.43 56 $88.43 79 $88.43 Monthly $4,831 $6,815' J4,9525 $6,986 _ $6,986 Monthly Total $11,646 $11,938 ’‘$11,‘938’ % Change 2.5^ 2.5% Specific Stop Loss PEPM Composite 56 $412.53 79 $412.53 56 $479.77 79 $479.77 56 $449.49 79 $449.49 Monthly $23,102 $32,590 $26,867 $37,902 $25,171. $35,510 Monthly Total $55,692 $64,769 $60,681 % Change T6.3%” 9.0% Aggregate Stop Loss PEPM Composite 56 $17.77 79 $17.15 56 $20.08 79 $19.38 56 $18.45 79 $17.82 Monthly $995 $1,355 $1,124 $1,5311 $1,033 $1,408 [Monthly Total $2,350 «,656 $2,441 % Change 13.0% '3.9% Attachment Rates PEPM Composite 56 $2,290.40 79 $2,215.51' 56 79 $2,326.38' 56 79 $2,413.05^ $2,413.05 $2,326.38 : Monthly $128,262 $175,025 $1J5,131' _ _ $183,784 $135,131 $183,784 Monthly Total $303,288 _ $318,915 % Change 5.2%' "5.2% Expected Rates PEPM Composite 56 $1,832.32 79 $1,772.41. 56 $1,930.44 79 $1,861.10 56 $1,930.44 79 $1,861.10 Monthly $102,610 $140,020 $mio5[ $147,027, $108,105 $147,027 Monthly Total $242,630 $255,132 $255.132 % Change *5T2%”" 5.2%" This is a summary of Information and does not guarantee benefits, in the event a discrepancy exists, the policy provisions or carrier proposal will prevail. Pages rnoEU Current Revised Renewal Medical & Pharmacy Renewal City Of Middleburgh Heights MMO MMO MMO MMO MMO MMO Effective Date: 1/01/2023 $350 Southwest Plan $1000 Southwest Plan $350 Southwest Plan $1000 Southwest Plan $350 Southwest Plan $1000 Southwest Plan Current Renewal Revised R< • Carrier Medical Mutual Medical Mutual Medical Mutual I Coverage Included Medical & Rx Medical & Rx Medical & Rx Contract Basis Incurred in 18 / Paid in 12 18/12 18/12 Administration Medical Claim Administrator Medical Mutual of Ohio Medical Mutual of Ohio Medical Mutual of Ohio Prescription Drug Administrator Express Scripts Express Scripts Express Scripts Network Medical Mutual Services Direct SuperMed Medical Mutual Services Direct SuperMed Medical Mutual Services Direct SuperMed Specific Contract Deductible Level $75,000 $75,000 $75,000 Terminal Liability No No No Aggregate Contract Maximum Aggregate Benefit $1,000,000 $1,000,000 $1,000,000 Aggregate Corridor 125% 125% 125% Terminal Liability None None None Underwriting Laser Liability / No New Laser Provision None None None Renewal Rate Cap N/A N/A N/A Financial Summary Annual Administration $139,757 $143,257 $143,257 Annual Specific Premium $668,299 $777,227 $728,174 Annual Aggregate Premium $28,200 $31,866 $29,292 Estimated Annual Rebates ($85766) ($103,637) ($103,637)_ Total Annual Fixed Costs $750,489 '$848713 '$797,08^ % Change ”i3.i% e.2% Maximum Claim Liability $3,639,452 $3^26,978 $3,826,978' % Change 5.2%'' “ 5.2%21 Expected Claim Liability $2,911,562 $3,061,582 $3^061,M2 % Change '5.2% SM Total Fixed 4^ Maximum Claims Liability $4,389,942 $4,'^5,691 $4,624,063' % Change 6.’5% ’ 5.3% Total Fixed + Expected Claims Liability _ $3,662,051 $^910,295 $3,858,667 _ ' 6.8% 5.4% (Based on current enrollment) This is a summary of information and does not guarantee benefits. In the event a discrepancy exists, the policy provisions or carrier proposal will prevail, Page 4 im- FEPELI UmVV Dental Current Renewal City of Middleburgh Heights , MMO MMO Effective Date: 1/01/2023 Superior Dentaf Superior Dental NETWORK NON-NETWORK NETWORK NON-NETWORK Deductible Single $0 $0 Family $0 $0 Class I: Preventive 80% 80% 80% 80% Class II: Basic 80% 80% 80% 80% Class III: Major 50% 50% 50% 50% Class IV: Orthodontia 50% 50% 50% 50% Adult N/A N/A N/A N/A 'Benefit Waiting Periods N/A N/A Annual Maximum Unlimited Unlimited Lifetime Orthodontia Limit N/A N/A N/A N/A Endodontics Class II Class II Periodontics Class II Class II implants Class III Class III Class III Class III Notes Contracts 136 Current Renewal • Administration Fee $5.29 $5.48 Aggregate Stop Loss Fee $0.87 $0.97 Attcahment Rates $101.50 $111.80 Annual Fixed Costs 136 '“$To,053 $10,526 Annual Max Claims $165,648 $182,458 Annual Expected Claims $132,518 $145,966 Total Fixed Costs $10,053 $10,526 % Change N/A 4.71% Total Fixed + Maximum Claims Liability $175,701 $192,984 % Change N/A 9.84% Total Fixed + Expected Claims Liability $142,572 $156,492 % Change N/A 9.76% (Based on current enrollment) This is a summary of information and does not guarantee benefits, in the event a discrepancy exists, the policy provisions or carrier proposal will prevail. Pages ■liu; FEDELI ««3UI’ Vision Current Option 1 City of Middleburgh Heights Medical Mutual Medical Mutual Effective Date: 1/01/2023 Plan Plan ”NEfwbRl<~ network'’ Frequency Exam 12 months 12 months Lens 12 months 12 months Frame 12 months 12 months Exam Co-Pay Up to $35 Per Exam Up to $35 Per Exam Lens Co-pay Single Up to $150 Per Pair Up to $150 Per Pair Bifocal Up to $150 Per Pair Up to $150 Per Pair Trifocal Up to $150 Per Pair Up to $150 Per Pair Lenticular Up to $150 Per Pair Up to $150 Per Pair Frames Allowance Up to $70 Up to $70 Contact Lenses Elective Up to $100 Up to $100 Medically Necessary Up to $100 Up to $100 Notes Contracts Current Option 1 Admin Fee 136 $1.23 $1.27 Monthly 136 "$167 $173 Annual $2,007 $2,073 $ Adjustment $65 % Adjustment 3% (Based on estimated enrollment) This is a summary of information and does not guarantee benefits, in the event a discrepancy exists, the policy provisions or carrier proposal will prevail. Pages iiu: FEDEU OilOUr Compensation Disclosure - How We Get Paid The Fedeli Group is committed to evaluating, developing, and executing strategy based on your specific needs. This includes providing insurance placement, communications,compliance, advocacy and other related services to you,our client. For our efforts, we are compensated in a variety of ways, primarily in the form of commissions paid by insurance companies and,sometimes,fees paid by clients. Commission Income: Commission, calculated as a percentage of the premium paid or PERM,is paid to us by the insurer for the sale and servicing of an insurance policy. Our commission is included in the premium paid by you. Indirect Compensation; On occasion, we may be eligible for indirect compensation in the form of override income and other benefits. These forms of compensations are not guaranteed and will change based on the ongoing fluctuation of overall books of business with each unique carrier. Override Income: These commissions, in fixed amounts, are established annually in advance based on historical performance measured by criteria comparable to those by which contingent commissions are calculated. We refer to these commissions as overrides or guaranteed supplemental commissions. Override income does not impact vour premiums. Other Compensation and Benefits: We may receive revenue or further benefits from our insurance activities in other ways, including, but not limited to, insurance company promotional events, payment from insurers for promotional marketing and/or employee training and development,fees or a percentage of the interest paid to us for the administration of premium finance contracts and interest paid to us by financial institutions earned on accounts in which we hold your premium payments pending remittance to the insurance company. Any other compensation or benefits will not impact vour premiums. Fees Paid by Clients: Any fee charged for the placement of insurance, or any other consulting service(s), will be detailed in our agreed to Scope of Service prior to engagement of the project. Any directfees paid will not impact vour premium This is a summary of information and does not guarantee benefits. In the event a discrepancy exists, the policy provisions or carrier proposal will prevail. Page? THE FEDELI GROUP y delivered NOV > 7 21)?} City of Middleburg Heights, Ohio Ordinance No. 2022- Introduced by: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech DECLARING THE IMPROVEMENT TO CERTAIN PARCELS OF REAL PROPERTY WITHIN THE CITY TO BE A PUBLIC PURPOSE AND EXEMPT FROM TAXATION PURSUANT TO ORC 5709.40(B); PROVIDING FOR THE COLLECTION AND DEPOSIT OF SERVICE PAYMENTS AND SPECIFYING THE PURPOSES FOR WHICH THOSE SERVICE PAYMENTS MAY BE EXPENDED; SPECIFYING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS DIRECTLY BENEFITING THE PARCELS; AND AUTHORIZING SCHOOL COMPENSATION PAYMENTS(SOUTHLAND REDEVELOPMENT) WHEREAS, Ohio Revised Code(“ORC’)5709.40, 5709.42, and 5709.43 (collectively, the “77F Act”) authorize this Council, by ordinance, to declare the improvement to parcels of real property located within the City to be a public purpose and exempt from taxation, require the owner of each parcel to make service payments in lieu of taxes, establish a municipal public improvement tax increment equivalent fund for the deposit of the those service payments, and specify the purposes for which money in that fund will be expended; and WHEREAS,the City desires to implement a tax increment financing program on the Parcels (as defined in Section 1) pursuant to the TIE Act to enable the City to make public infrastructure improvements that will directly benefit the Parcels; and WHEREAS,notice ofthis proposed ordinance has been delivered to the Board ofEducation ofthe Berea City School District (the “School District”) and Polaris Joint Vocational School District (“PJVSD”) in accordance with and within the time periods prescribed in ORC 5709.40 and 5709.83; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,COUNTY OF CUYAHOGA,STATE OF OHIO,THAT: Section 1: Parcels. The real property subject to this ordinance is identified and depicted on Exhibit A (as currently or subsequently configured, the ''Parcels”, with each individual parcel a "Parcel”). Section 2: Public Infrastructure Improvements. This Council hereby designates the public infrastructure improvements described in Exhibit B(the "Public Infrastructure Improvements”)and any other public infrastructure improvements hereafter designated by ordinance as public infrastructure improvements made, to be made or in the process of being made by the City that directly benefit, or that once made will directly benefit, the Parcels. Section 3: Authorization of Tax Exemption. This Council hereby finds and determines that 100% of the increase in assessed value of each Parcel subsequent to the effective date of this ordinance (which increase in assessed value is hereinafter referred to as the "'Improvemenf' as defined in ORC 5709.40(A)) is hereby declared to be a public purpose and will be exempt from taxation in accordance with ORC 5709.40(B) for a period commencing for each Parcel (separate exemption periods for each Parcel) with the first tax year that begins after the effective date of this Ordinance and in which an Improvement attributable to a new structure on that Parcel first appears on the tax list and duplicate of real and public utility property were it not for the exemption granted by this Ordinance and ending on the earlier of(a) thirty (30) years after such commencement or(b) the date on which the City can no longer require service payments in lieu oftaxes, all in accordance with the requirements of the TIP Act. The exemption provided by this ordinance is subordinate to any exemption for a Parcel granted pursuant to ORC 3735.65 to 3735.70. Section 4: Service Payments. As provided in ORC 5709.42, the owner of each Parcel is hereby required to make service payments in lieu oftaxes with respect to the Improvement allocable to each Parcel to the Cuyahoga County Treasurer (the “County Treasurer”) on or before the final dates for payment of real property taxes. The service payments in lieu of taxes will be charged and collected in the same manner and in the same amount as the real property taxes that would have been charged and collected against that Improvement if it were not exempt from taxation pursuant to Section 3 of this Ordinance, including any penalties and interest (collectively, the ‘'Service Payments’"). The Service Payments, and any other payments with respect to each Improvement that are received in connection with the reduction required by ORC 319.302, 321.24, 323.152 and 323.156, as the same may be amended from time to time, or any successor provisions thereto as the same may be amended from time to time (the “Property Tax Rollback Payments”), shall be deposited and distributed in accordance with Section 6. Section 5: TIF Fund. This Council establishes, pursuant to and in accordance with the provisions of ORC 5709.43, the Southland Redevelopment Tax Increment Equivalent Fund (the “TIP Fund’), into which the Service Payments and Property Tax Rollback Payments collected with respect to the Parcels will be deposited. The TIF Fund will be maintained in the custody of the City. The City may use amounts deposited into the TIF Fund only for the purposes authorized in the TIF Act and this Ordinance (as it may be amended). The TIF Fund will remain in existence so long as the Service Payments and Property Tax Rollback Payments are collected and used for the aforesaid purposes, after which time the TIF Fund will be dissolved and any surplus funds remaining therein transferred to the City's General Fund, all in accordance with ORC 5709.43. Section 6: Distributions. Pursuant to the TIF Act,the County Treasurer is requested to distribute the Service Payments and Property Tax Rollback Payments as follows: (i) To each of the School District and the PJVSD, an amount equal to the amount the school district would otherwise receive as real property tax payments (including the applicable portion of any Property Tax Rollback Payments) derived from the Improvement to each Parcel if the Improvement had not been exempt from taxation pursuant to this Ordinance. -2- (ii) To the City, all remaining amounts for further deposit into the TIP Fund for payment of costs of the Public Infrastructure Improvements, including, without limitation, debt charges on any notes or bonds issued to pay or reimburse finance costs or costs of those Public Infrastructure Improvements and any other lawful purpose. All distributions required under this Section are requested to be made at the same time and in the same manner as real property tax distributions. The City shall make any distributions to the extent not made by the County Treasurer. Section 7: Further Authorizations. This Council hereby authorizes and directs the Mayor, the Law Director, the Director of Finance, Director of Economic Development or other appropriate officers of the City to deliver a copy of this Ordinance to the Ohio Department of Development within fifteen days after its effective date, in accordance with ORC 5709.40(1), and to make such arrangements as are necessary and proper for collection of the Service Payments. This Council fiirther authorizes the Mayor, the Law Director, the Director of Finance, Director of Economic Development or other appropriate officers of the City to prepare and sign all agreements and instruments and to take any other actions as may be appropriate to implement this ordinance. Section 8: Open Meetings. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this ordinance were taken in an open meeting of this Council or any of its committees, and that all deliberations ofthis Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including ORC 121.22. Section 9: Effective Date. This ordinance is effective on the earliest date permitted by law. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech -3 - EXHIBIT A IDENTIFICATION AND MAP OF THE PARCELS The area denoted on the following map specifically identifies and depicts the Parcels (tax parcel numbers 372-20-031 as of October 1,2022) and constitutes part of this Exhibit A. EXHIBIT B PUBLIC INFRASTRUCTURE IMPROVEMENTS The Public Infrastructure Improvements consist of any “public infrastructure improvement” defined under ORC 5709.40(A)(8) and that directly benefits the Parcels and specifically include, but are not limited to, any of the following improvements that will directly benefit the Parcels and all related costs of those permanent improvements (including, but not limited to, those costs listed in ORC 133.15(B)): • Roadways. Construction, reconstruction, extension, opening, improving, widening, grading, draining, curbing or changing ofthe lines and traffic patterns ofroads, highways, streets, intersections, bridges(both roadway and pedestrian), sidewalks, bikeways, medians and viaducts accessible to and serving the public, and providing signage (including traffic signage and informational/promotional signage), lighting systems, signalization, and traffic controls, and all other appurtenances thereto. • Water/Sewer. Construction, reconstruction or installation of public utility improvements (including any underground municipally owned utilities), storm and sanitary sewers (including necessary site grading therefore), water and fire protection systems, and all appurtenances thereto, including, but not limited to those associated with improvements described in “Roadways” above. • Environmental/Health. Implementation of environmental remediation measures necessary to enable the construction of the private improvements on the Parcels or the Public Infrastructure Improvements, and the construction of public health facilities. • Utilities. Construction, reconstruction, burial or installation of gas, electric and communication service facilities and all appurtenances thereto, including, but not limited to those associated with improvements described in “Roadways” above. • Stormwater. Construction, reconstruction, relocation, modification and installation of stormwater and flood remediation projects and facilities, both for storm water quantity and quality,including the payment and reimbursement for such projects and facilities on private property when determined to be necessary for public health, safety and welfare. • Demolition. Demolition, including demolition on private property when determined to be necessary for public health, safety and welfare. • Parks. Construction or reconstruction ofone or more public parks and park or recreational facilities, including grading, trees and other park plantings, park accessories and related improvements, multi-use trails and bridges, together with all appurtenances thereto. • Streetscape/Landscape. Construction or installation of streetscape and landscape improvements including trees, tree grates, signage, curbs, sidewalks, scenic fencing, street and sidewalk lighting, trash receptacles, benches, newspaper racks, burial of overhead utility lines and related improvements, together with all appurtenances thereto, including. B-1 but not limited to streetscape improvements in conjunction with and along the roadway improvements described in “Roadways” above. • Real Estate. Acquisition of real estate or interests in real estate (including easements)(a) necessary to accomplish any of the foregoing improvements or (b) in aid of industry, commerce, distribution or research. • Professional Services. Engineering, consulting, legal, administrative, and other professional services associated with the planning, design, acquisition, construction and installation of the foregoing improvements and real estate. B-2 delivered NOV I 7 ?0?2 City of Middleburg Heights, Ohio Ordinance No. 2022- Introduced by: Mayor Castelli AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2022 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2022, the following sums be appropriated from the Capital Improvements Fund: Increase Description (Decrease) Capital - 2022 Pickup Truck Replacement $ 67,000.00 Total Increase to the Capital Improvements Fund 67,000.00 Section 2. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH

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